>> come on! hurry up. >> come on! >> are you happy? >> are you happy? >> do you know it? >> no, i'm having a senior moment. >> i don't get it. glacier. >> glacier! that's it. >> good job, brian. you really pulled through there. "fox & friends" starts now. >> ok, fine! >> protest. >> have a great day, ladies. >> take care. "fox & friends" starts right now. >> he walked off before the show even started! >> a new record. >> a new record. >> imagine what the blogs will do at that. who will they say is more mad? >> he is because of his hair. >> i hope i didn't hear that. today is july 24th. i'm gretchen carlson. taliban terrorists sending a chilling message to the united states. >> allah! >> video showing a series of attacks on american troops and they say there's more to come.

>> they're upset, they're concerned but they're not saying sorry. james holmes' parents standing by their son in the wake of that movie theater massacre insisting they have no plans at this point to apologize. >> all right. this woman didn't tell her doctor the truth about her medical past and lied. the top four lies you should never tell your doctor. "fox & friends" starts right now. >> good morning, everyone. hope you're going to have a good tuesday so far. brian, are you settled down now? >> yeah, i have to show the showboating that didn't -- that almost -- that we missed in the -- at the end of the show in a half-hour. >> will you be doing it or will you be doing it with arthur over your shoulder? >> i'm going to tackle you. >> if you don't mind. >> on the one. >> if i showboat, you better tackle me. >> let's get right to your headlines this morning.

new video released by the taliban offering the chilling accounts of last month's attack on a u.s. base in afghanistan that left two americans dead. >> allah! allah! >> is that real audio from them when they let that off? the hour long video shows the entire attack from the beginning stages to the dramatic moment that you saw when a 10 ton bomb explodes. here it is, in the background, you can hear chants of allah akbar and in the video, an eerie interview with the homicide bomber who says he'll take revenge on anyone who insults islam and the quran. >> same thing major hasan said before the fort hood attack. outpouring of love and support in iowa as hundreds pray for the safe return of two missing cousins. they held a vigil late last night. the f.b.i. now looking to question a boater who may have been the last person to see them.

they think the person who is not considered a suspect could help them figure out what happened to elizabeth collins and lyric cook morrisey. lyric's mother says she's taken her second polygraph test to prove she had nothing to do with her daughter and lisa's disappearance. talk about awkward, the man who warned the white house about its investment in solyndra breaking bread with the president last night. but steve wesley made sure to sit at a table farthest from the president at the $35,000 a plate fundraiser in california and to pass the time, wesley juggled lemons to entertain some children. the venture capitalist warned the administration about giving solyndra $535 million in loan guarantees. nation mourning the death of a role model and american hero. sally ride losing her 17 month battle with pancreatic cancer. one year later, she took a

second trip to the same shuttle. she was assigned to a third flight. that was scratched after the challenger exploded in 1986. she helped investigate that accident and the columbia disaster in 2003 becoming the only person to serve on the commissions investigating both accidents. sally ride was 61 years old. and a great role model for women and men. >> a true pioneer. meanwhile, scary moments at a new jersey movie theater showing "the dark knight rises" the batman movie. screening being canceled after somebody opened an emergency exit door. sound familiar? luckily nothing happened. the incident coming hours after the suspect in the movie theater massacre in colorado face a judge for the first time. alicia acuna live in aurora with the latest. good morning. >> good morning, steve. yeah, fox newschannel was actually able to get video inside james holmes' apartment and we can take a look at that now. i should explain that it was taken from the outside looking inside. however, our crew did not

actually go into the residence which is still not accessible. you could see a soldier of misfortune poster in his bedroom and other items. aurora police investigators have already removed countless pieces of evidence to be used in the case against james holmes and the apartment building where he lives remains evacuated and surrounding with police barricades although some folks have been allowed to briefly return to gather some personal belongings. of course, we all got our first look at 24-year-old james holmes yesterday as he made his first appearance before a judge in arapahoe county. he was advised of his rights and told there would be no bond. he sat away from the people in the courtroom including most of his defense team. he didn't say a word the entire time. next up for the man suspected of killing 12 people and injuring dozens more, the filing of formal charges is scheduled to ham on monday, july 30th. district attorney not who has the reputation of being a tough prosecutor saying the death penalty is an option here. that decision could take months

and finally, the mother of james holmes says she was misquoted. you may remember when this story was breaking there was news that his mother said when she heard of the shooting, you have the right person, she says she was misquoted because she said when abc news called her, she said she was confirming that they had reached the correct person when calling her and she wasn't talking about her son. back to you guys. >> alicia acuna, thank you very much. also, the mother says that through an attorney, a spokesperson out in san diego, that the family -- the holmes family feels for the families impacted and stand by their son. at this point, no apology, though. >> the family has an attorney. if they apologize, they admitted their son's guilt. if they apologize flat out, the whole case is blown. i don't think they're looking to do that. you imagine the drama in the courtroom as the families were staring through this guy. also, one was -- one was yelled -- her to yell, call him a baby killer. and a woman -- saying he looked

demonic. >> let's say if the parents apologize to the victim as an admission to the guilt compared to the fact that 25, 250 people saw this guy shooting. i mean, i don't know if there's any -- i know that we live in a land of innocent until proven guilty but i'm not so sure that an apology from the parents would be an admission that their son is automatically -- do you think so? >> they've lawyered up. and they don't want any financial liability clearly. who knows what's going on? anyway, that's the -- where we are today. interestingly enough, number of survivors did get out of the hospital yesterday. they did speak out. we wanted to bring you some of that sound and here's a young woman who was shot in the leg. >> i felt a really bad bang in my leg and i was like uh-oh. and kind of gritted my teeth and kept praying and then when the shots started, stopped going as

much and so when i tried to get up and run, my leg like popped out and i don't know how i got out. it's a miracle that i made it out of the building. i don't even know how it happened. but one guy did help me kind of at the end. i was stumbling down the steps and trying to get out and everybody was panicking and -- >> when did you realize you were shot? >> whenever i was on the ground and i felt kind of like a 2 x 4 hit my leg like really big bang sort of on my leg. and i knew right away i was hit but i didn't know how bad it was. >> man. >> she's one of the lucky ones who was shot in the leg and even though she's still hospitalized she's going to live. there's some people who are still clinging to life right now. there may be more victims who die in this situation. >> because a number of them are critical. by the way, in colorado since

the shooting at the movie theater, gun sales in colorado have jumped more than 41% and the number of people who are trying to take the train so they can carry a concealed weapon is rising as well. >> and governor christie went after mike bloomberg yesterday for saying he's using this situation to paraphrase as a political point because that's something that mayor bloomberg has been talking about. >> yesterday, on this show, we did a couple of different interviews about the fact that both presidential candidates were taking a break from attacking each other over the last three days in light of these shootings and we were asking some of the people that we were talking about, you know, how long would it take before we go back to the negative ads and some people were saying maybe it would be a third party that would be the first to launch a negative ad. well guess what, the negative ads are back up and running and potentially being slated to run back in colorado as well. here is a snippet of both the candidates talking about one another yesterday. >> the president needs to spend time with the jobs council.

he found time for that. between the fundraisers, get together with the jobs council and learn from people who is working hard to create jobs. >> he doesn't understand what it takes to build an economy where everybody has a shot to succeed! from the worker who punches the clock to the entrepreneur who wants to take a chance on a new idea. there's only one way to grow our economy for the long run. that's what we're fighting for. that's what this election is about. that's why i'm running for a second term as president. >> he said mitt romney wants a top down government -- a top down driven economy where the rich drive the economy. and mitt romney answers by saying yeah, the president wants a top down with the government driving the economy and he doesn't believe that will work and it was actually david axelrod who i think tweeted out about 10:00 a.m. eastern time some snide remark about mitt romney being an outsourcer or

something like that. essentially he was saying game on. we talked to ed gillespie right after and he said really? are we really back to this again? >> it was a couple of years ago when the president said unless i fix the economy, this will be a one term proposition. now at the conclusion of his first term, he says i now need a second term to finish this proposition. >> i also thought it was interesting that the president must be feeling the heat from his statement we -- you didn't build that! because yesterday, he said that mitt romney is taken out of context saying that's not what i meant. he's cutting off my sentences and mischaracterizing what i mean so he spent his day in san francisco trying to walk that back a little. >> it's interesting, some analysts say when you listen to that entire speech, it's actually worse for the president than just taking out -- because you really do get the context of more speaking off the cuff of what he feels about private business but it's all up to you and what you think about it. let us know on fox and friends.com or tweet us as well. a $400 million navy submarine

goes up in smoke because someone who worked there wanted to skip out early. you have to hear this one. >> plus the truth about tarp. the guy whose job it was to police the government's $700 billion bank bailout says tim geithner threw taxpayers urged the bus. that guy is here with us next with the proof. ♪ [ jennifer ] better. stronger. believe. happier. healthier. i believe weight watchers made me more powerful. it's time to believe again. stand up and take charge. i believe if you want to change your life, you can. ♪ believe in yourself [ female announcer ] weight watchers -- rated number one best plan for weight loss by u.s. news and world report, again.

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washington abandoned main street while rescuing wall street." orauth and former inspector general neil baroski is our guest. good morning to you. >> good morning. >> let's start at the beginning of the book followed by the name of herb allison who is a big shot in the world of finance and he was down in washington and he pretty much threatened you that you were doing too good of a job keeping tabs on our money. >> essentially, what he told me and this is really endemic to what's wrong with washington and what's so broken within our regulatory system and indicative of how much wall street has really taken over and it's shocking how much they've taken over washington and our economy and what alisyn told me was to warn me that because of my tone, the way i was being very critical of the administration, critical of wall street, i was doing real harm to myself in my ability to go get a job and visit that pot of the gold at the end of the rainbow. >> it's like listen, you have to think about your family. it sounds like he was

threatening you. unless you back off, you're toast. >> the other part of that, if i could change my tone and be more upbeat and positive, good things could happen to me including maybe a judgeship or some other presidential appointment. it was disturbing and i think most disturbing because that's the reality in washington right now for so many of the regulators. if they play ball and don't push too hard on the banks, no worries, you know, big pot of gold but you push back and you could do yourself real harm. >> you were brought in to be the eyes and ears, inspector general to make sure on behalf of congress to make sure the money in tarp was being spent correctly. you're a life long democrat and you supported and donated to barack obama and yet, it was during the bush years that you were asked to come in, right? >> yeah, it was a straight appointment, i had a background prosecuting securities fraud and started a mortgage fraud unit in the southern district of new york where he was a prosecutor so they hired me based on that experience. >> sure. >> to be the watchdog. >> in your estimation and it's clear from the book, the way that treasury secretary and the way the tarp money was doled

out, they were out to prop up the fat cats on wall street. and the big banks while mom and pop on main street pretty much got screwed. >> and every critical juncture when an opportunity and a decision was made to make a choice, the choice was to help the banks whether it was with the housing program, whether it was with shovelling money into the banks without any conditions or strings attached, time and time again to put the interest of the banks over -- >> the thing about this tarp is like making sausage, you don't want to see how it's done and you were revealing where the money was going and how it just was not there. and tim geithner who at one point you felt was going to throttle you, you had this exchange. here's a quote from the book. neil, tim geithner says to you, i have been the most blanking, transparent secretary of the treasury in this country since higher bleep in history. nobody has made the banks disclose the type of blank that i made them disclose after the stress test. no one, and now you're saying that i haven't been bleeping

transparent? you thought he was going to punch it, didn't you? >> i didn't think he was going to punch me. my deputy thought he was going to throttle me at the time. to be honest with you, at the time i was trying to choke back sort of laughter of the faux drama of it. >> the treasury secretary chewing you out. >> yeah. but look, i mean, i was the target of assassination attempts in columbia as a prosecutor. a democrat yelling at me isn't going to move my needle too much. this is part of the pattern, making these dramatic statements and we saw it last night in response to the book, something secretary geithner said which really isn't truthful. >> we've got the clip! >> oh, perfect. >> here's tim geithner on charlie rose last night responding to that guy's book. >> he raises this question was tim geithner too friendly to the banks? because he knew them from his -- >> i'm deeply offended by that. i find that deeply offensive. a lot of people including many of my critics say we went out and gave and lost trillions of dollars of the american taxpayers' money at the time.

deeply misleading and terribly damaging the confidence and the cost of those have been very damaging with the president. >> he's deeply offended. >> i'm so glad you showed that clip because what he's doing right there is recycling a lie, misrepresentation about something i said three years ago that treasury did and i detail in my book and i talk about how they periodically would try to discredit me. i never said tarp was going to lose trillions of dollars. i said something very different. i think i came on this show and talked about it back then about how the extent of the commitment for government for the bailout and they took those words and twisted them and now he's doing it again. that's not the only thing he misrepresented. he suggested that i said he worked at goldman-sachs and worst of all, he said i didn't make alternatives at that time. i made suggestion and suggestion to fix this program. it's not true. >> it's a terrific book and it's a real narrative of what went down. it's called "bailout, an inside account of how washington bent

main street while rescuing wall street." mitt romney's supporters want to know why the governor won't hit back while under attack. our next guest says it's working and he knows why. and no one likes to show off. this footballer learning that the hard way. this happy couple used capital one venture miles for their "destination wedding." double miles you can "actually" use. but with those single mile travel cards...

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>> glad you're up. quick headlines now. the justice department investigating pennsylvania's new voter i.d. law aimed at fighting voter fraud. the d.o.j. asked them to see voter data bases and get information about people who have driver's licenses and you can call it space dot. the austrian daredevil seen here on a test run will jump from a space capsule 90,000 feet in the air back down to earth. he'll fall 509 miles per hour in 30 seconds. he'll be landing in roswell, new

mexico, we think. gretch? >> thank you, brian. the obama campaign pouring double the amount of cash into this election as the mitt romney campaign. while being outraised by millions. but new poll numbers suggest that the president's spending spree on negative ads and a bloated staff aren't winning more support. former governor of south carolina mark sanford joins me now live from fort lauderdale, florida. good morning to you. >> good morning to you. >> when you look at the cold, hard facts and a lot of dough, is this strategy working out that it seems that the obama campaign has decided to spend a lot of money up front on negative ads and the romney camp not so much? >> well, i think it's working out for romney. in this instance, you know, obama doesn't, i think, necessarily want to talk deeply about the economy and his part in it. he's three years and seven months into ownership of that economy. he doesn't want to talk about it so he's trying to talk about the other guy. i think it's working very well

for romney to sit back, absorb the attacks and keep talking about his message which i think he's been doing fairly well today. >> so that's interesting because there have been other republicans who have said oh, i want mitt romney, you know, to get out there and be on the oevensive a little bit more and strike the first punch instead of being in this sort of defensive mode. you're saying that you think that you like what he's doing thus far. >> yeah, i think at two different levels, you know, i think the old adage in politics is if you want to make a two-day story out of a one-day story, respond. keep talking. you know, obviously, obama is picking what he's picking based on poll numbers and to fight on obama's ground of obama's choosing, i think doesn't make a lot of sense. you don't make a two-day story out of that. i think it makes sense at that level and i think it also makes sense, though, gretchen in the -- you know, what the romney camp is basically doing is saying, you know, i think the american public is smarter than, you know, the obama camp may be thinking on this one, you know, thomas friedman who is not

exactly an avowed republican wrote a book a couple of years ago entitled "the world is flat" and it talked about how competitive the world is and for business to thrive and to make it in these days, they got to make some tough decisions at times dealing with outsourcing, at times dealing with insourcing but a whole array of tough decisions based on a very flat production line around the world and what the romney camp is saying, look, the guy was in business. the role of a businessman is trying to make your business thrive and keep it alive. and the idea that the american public is going to hold him guilty for decisions he made as a businessman that we're all within the confines of the law and all within the confines of ethics and necessary at that time, i think, is, again, a good call on their camp. >> let's look at some of the spending totals just to go full circle back to the money on this whole thing so the 2012 presidential race ad spending totals. $72 million for president obama. $33 million for mitt romney. i mean, do you think there's any

concern that the obama camp will run out of dough or not because of all the super pacs now? >> well, i suppose not because of the super pacs and, you know, i think we're going to see record numbers in terms of what's actually spent in this election. but again, the question is, you know, this is in essence the tug of war with the election. are we going to make romney only, you know, the economic results for the last 3 1/2, four years or is bush going to own it or is obama going to own it? whoever owns it, i think, probably loses the election. and so i see where obama camp is coming from but again, i don't think it's going to stick based on the wisdom of the american public and based on romney having a message about what it would take to change where we are with regards to the economy. >> we're going to leave it there. always good to get your thoughts. thanks so much. >> my pleasure. take care. >> do you remember this? the $400 million navy sub goes up in smoke? now we know it was just because someone wanted to get out of work early.

then penn state gets over 100 wins wiped out and the team banned now from bowl games. but is that fair to the current players? e-mail us. let us know what you think about that. first, happy birthday, you know who she is. jennifer lopez. she's a very young 43. [ male announcer ] don't miss red lobster's four course seafood feast choose your soup salad entrée pls dessert! all just $14.99. come into red lobster and sea food differentl visit redlobster.com now for an exclusive $10 coupon. good through august 5th

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>> romney, his campaign has raised $10 million in california over the last two days. yep, $1 million was from a fundraiser and $9 million was from romney checking a pocket in some old khakis. honey? >> don't you love it, oh, my gosh? i find it sometimes in the laundry machine. that's even better. >> no, i don't even care that it's been washed and it's kind of crumpled up. even if i find some change in there. >> i think it's one of the great moments that someone can experience in a day. you know what i love? i put away my summer clothes and sometimes i'll reach in shorts, you know, the ones at the knees because i suddenly realized it's fashion to cover your knees with shorts. i go into bottom one and all of a sudden, i pull out $20 and it brings me back to the moment where i can actually remember putting it in my shorts. >> you remember it? >> it's a gift. it's a gift i have. i remember the whole thing.

>> come on! >> not enough to take it out before i put them away. >> i'd like to make an admission right now. when i find money in the laundry machine or the drier, i do not give it back to the rightful owner. sorry. >> sorry. that's why they call it found money. >> sorry, husband. >> ok. fine. >> all right. >> now you're not doing my laundry. i was going to say -- i was going to bring it in. >> oh, my goodness! >> steve, back to you. >> the blogs are going to love you for that. >> a man is charged with setting a nuclear submarine on fire. his motive? he wanted to leave work early. casey james fury started the fire on the u.s.s. miami back in may causing $400 million in damage. according to court documents, he suffers from depression and anxiety. and admitted setting the fires to get out of work so he's got an excuse. >> good. terrific. >> meanwhile, the country of russia may want to rename its

unmanned spacecraft after it failed big time in space again. the unnamed and rather unmanned progress as it's named cargo ship, the progress unable to make progress and dock with the international space station. it was going to perform engineering tests and try new docking system. the progress will make another attempt on sunday, god willing. >> turns out those pricey light bulbs are good for the environment but could be bad for people. >> so what? >> a new study found the invisible u.v. rays given off by the energy efficient bulbs can harm healthy skin cells. didn't they research this? researchers at stony brook university in new york state. >> good-bye epidermis! >> they say the damage from the bulbs is equal to that of u.v. radiation and get this, they found that when a chemical that's typically found in skin block was put on skin beforehand, the damage was even worse! >> sun block? >> good news for glaciers, bad news for us. >> good news that sun block is

being called skin block. >> good. whatever we know, we keep it out. i got to be more worried about indoor lighting than outdoor lighting. some people like a glass of wine with a steak. steve likes a bottle. what about wine in your steak? some cow farmers are feeding their cows two to three bottles of wine a day. >> really? >> the french farmers say it keeps the cows happy. >> i'm sure it does. >> and makes their meat taste better. wow! makes the meat taste better. >> yeah. why not feed the cow, one, when he's alive? why just treat the meat when he's dead? and chefs agree that saying the meat has a special texture that it's great to cook but wine fed beef, i have music for my read. >> i know. you're lucky. >> cops at a high price. $122 for just over two pounds. >> so it's $61 a pound if you want booze fuelled and fed beef. >> right. shopping for my cow, honey. >> i see' new trend coming.

>> count on this music with your weather music. >> see what they have got for me to do the weather for this tuesday. >> i've got some kind of perilous music. and we've got some rain, perhaps, some perilous driving conditions around that heavy thunderstorms. looks like just to the east of chicago land right now, we've got some heavy stuff right now and also, we've had some thunder boomers overnight in north carolina. widely scattered showers as well down through portions of the inner mountain region. and the balance of the country for the most part is nice and dry. current readings as you head out on this wednesday right now, as you head out the door in atlanta, you got 77. that's right. it's tuesday. tomorrow, we've got another map for that. cleveland, atlanta and tampa, all right now at 77. new york city is 74. >> meanwhile, out where they raise the boozy beef, 103 in kansas city and 100 is going to be -- >> cows are self-tipping everywhere!

>> i thought it was in italy. it's france. maybe they'll start doing it in the u.s. >> why not? >> the yankees made a really interesting trade. >> i don't want to read that story. >> ok. >> you're absolutely right. the yankees scored big and scored suzuki from the mariners who is 51 years old. they're playing in seattle at the time so fans of the mariners got a chance instead to show appreciation for the future hall of famer. watch. >> the right fielder, number 31, ichio suzuki. >> a single in his first at-bat with the bronx bombers. if that was not enough for his debut, he went on to steal second. the yankees did something they haven't done in a few games. win. final score 4-1. seattle was the only team he's ever played for. he's actually 38. not having a good year but had a great career.

let's see what he can do for the yankees for the next few months. let's move on. ochocinco is over. he's changing his name back to chad johnson. p. diddy says what are you doing? you're confusing me. it was a reference to his number 85 which is his actual jersey number. he recently married a basketball wives star named evelyn losato who said she'd like to have the name johnson. i'm confused. meanwhile, it's a major football fail. chris williams out in new mexico state trying to return a missed field goal for 117 yard touchdown in the cfl. it looks like a sure thing and he starts to showboat. who wouldn't? he's happy and he's good. but he didn't score this touchdown. the showboating let a player tackle him on the 1-yard line. remember that? goes to show you kids if you're about to score a touchdown, score the touchdown and then celebrate. >> i was going to say they should show this video to kids

about tenacity and the tackler. not the guy who scored the touchdown or tried to. >> never it. >> never give up and stop showboating! and don't leave the ball exposed. let's talk about something serious in sports and that's penn state. you saw what happened at 9:00 a.m. yesterday, the unprecedented fines and penalties were handed down to penn state. here's a quick look at what they are. >> the four-year post season ban, that means they won't be going to any bowl games if they're even good enough to do that and 10 initial scholarship losses and 20 per year. >> total of 40. >> for the next four years. >> a $60 million fine. that's the revenue that penn state football makes in one year. $60 million. i believe that that $60 million fine has to go to charities now or sexual abuse funds that is for children who have been sexually abused. >> here's the key for some. all the wins from 1998 to 2011 vacated. they don't go down as losses because the team they played doesn't get a win for this.

they just go down as vacated as if you have to black that out from your mind. penn state does not get credit but more importantly, they don't have joe paterno as the winningest coach of all time now. he drops to like 12th and they are no longer victories for him in their five year probationary period. a lot of people don't think that part is fair. >> what if you're a player on the penn state team? you know, you won't -- you know that you will not wind up going to any bowl games. >> you can transfer. >> you can transfer to any school and the ncaa says, you know, if you're already at your roster, you can take these guys from this particular school and that will be helpful but, you know, why did some of these players have to pay for what the penn state management did back in the -- back in the times when they were 1 or 2 years old? that far back. they're being punished. >> it's interesting like who does it really punish to take those wins away? >> 112 wins are gone. >> who does that punish? >> i think a few things.

i think the first thing they want to do is not make him the winningest coach of all time to not have him at the top of the list. they feel at 85 years old when he passed away, he's not the same person he thought he was. during that period of time, can't give the team credit for something that was going on in the program. the problem is fining teams in the ncaa is 90% of the time the guys that graduated are pros in the real world like reggie bush, he's making millions of dollars in the nfl and they find this generation of players and the coach is already in the nfl. that's the problem. >> let us know what you think about this. was there any other kind of a penalty? that's the question, what else could they have done, if anything? >> should they have vacated those 112 games? do you think that's fair to the other players who have played and won those games? >> e-mail us at friends at foxnews.com. remember when the president said this? >> if you've got a business, that -- you didn't build that. >> right. >> somebody else made that happen. >> yeah, you didn't build that.

well, some of america's smallest small owners beg to differ with our president. two sisters just 7 and 4 years old here with a message for the president. good morning, ladies. you're coming up next! >> cute. and the science is in. women feel their sexiest at a certain age. yep. what is it? that's a lot of kardashian. that number revealed. brian wants these screen images to take on during the commercial break. >> if that's ok! all multivitamins give me the basics.

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liberty mutual auto insurance. >> 46 minutes after the top of the hour. couple of quick headlines for you now. a federal appeals court ruling that two wisconsin schools

violated the constitution by holding their graduation in a church? they said that students were exposed to religious messages in the form of a giant cross on the wall. and what's one thing mila kounus and pippa middleton won't be complaining about this year? their figures. both these women are at the magic age of 28. which, according to a new survey, is when women feel their sexiest. while they may feel sexy, the survey found women's confidence doesn't peak until they're 32. interesting. >> if you are successful, somebody along the line gave you some help! somebody helped to create this unbelievable american system that we have that allowed you to thrive. somebody invested in roads and bridges. if you got a business, that -- you didn't build that. somebody else made that happen. >> wow. these two girls beg to differ. they built their lemonade business not only without government help but without any

help. meet the founders of cool blast lemonade, sisters, 7-year-old clara and 4-year-old eliza sutton. welcome to both of you. thanks for waking up this morning for us. >> thank you. >> well, thank you. hey, clara, can you explain to me what cool blast is. tell me about your lemonade business. >> our lemonade is actually homemade but i can't tell you our recipe because it's propeitery. >> i won't ask you about that and i won't ask colonel sanders about his secret batter. who helped you start this business? >> our investors who are our dad and our stepmom along with

some other friends and family including our brother. >> wow, your brother -- is your brother a good worker, by the way? >> yes, he is. >> good. he's a very cute and hard worker. >> well, it's hard to imagine him cuter than you two. clara, how do you feel about the president saying that you needed help to start this business and just speak from -- speak from within. all right, you know what? let's switch over to -- >> why don't you answer that one? >> i would say that's rude because we worked very hard to build this businesses but we did have help. >> and your help came from? >> our help came from our investors, our dad and stepmom along with other friends and family. >> eliza, what's it like working with your sister and your brother?

>> my brother does things he likes to do. every time you see the -- >> right. this is a great set-up. i mean, is there an application that i could fill out to possibly join cool blast lemonade? >> i don't know. that's something that you sneed to ask our father, though. >> i understand there's a process. you can't hire me now. two entrepreneurs who didn't need help except from their investors sign a confidentiality agreement and now off and running. clara and eliza sutton, thanks so much and i look forward to coming across cool blast lemonade in my stores soon. thanks so much. >> you're welcome. >> you're welcome. say hello to your brother. >> ok, we will. >> we will.

>> next on the rundown, this woman didn't tell her doctor the whole truth about her medical past and died. dr. david sumadi here with the four lies that you should never tell your doctor. [ feedback ] attention, well, everyone. you can now try snapshot from progressive free for 30 days. just plug this into your car, and your good drivin can save you up to 30%. you could even try it without switching your insurance.

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>> it was a mistake that cost this young heart transplant patient her life. doctors say she went in for a routine liposuction surgery but didn't share details about her medical past and it turns out lying to doctors not that uncommon and can be dangerous. >> joining us is dr. david sumadi with the fox news medical a team. when you go in to have something done, tell the truth. they're not being judgmental but want to make sure they don't hurt you. >> it's an important point. how many times do you go to the

doctor's office and give you a whole stack of papers which is a lengthy process but every one of that information is really important. we go by what you tell us. blaming the patient is not always the right thing. as a doctor, you have to be a good psychologist and be a good detective. i ask my patients, for example, do you have any past medical history? absolutely not. everything is ok. the next question is what kind of medications are you on. they're taking cholesterol medications and diabetes and just because your cholesterol is normal now doesn't mean you don't have that history. particularly in this case, she was a heart transplant patient in 2004 and as minor procedure as liposuction and it's done in these surgeries, you want your doctor and know and the doctor should know all the anti-rejection medications that you're on. >> let's go over the four lies. you don't drink and you don't smoke. most people don't -- aren't honest about this, right? >> you know, it's kind of like embarrassing to a lot of people. you ask them do you drink?

socially. is it like two or three glasses of wine a night or once a week? that's really important because of the effect of liver and everything else, your doctor fleedz to know about this. >> and about smoking because there's so many countereffects with certain drugs. i'm not taking anything. you kind of got -- you alluded to that earlier and the third one is i did what you told me to do. what does that mean? >> are you doing, for example, like self-examination for breasts or doing your exercises. in my field, are you doing the exercises? absolutely and the wife stops them and says tell the truth you are doing them. another thing, are you taking everything? 50% of the country are taking these vitamins and supplements and a lot of them can cause bleeding so it's not just a medication, also the vitamins. >> also don't say it's just a small thing because in your business, it's never a small thing -- a small problem. dr. david sumadi from the medical a team. >> be truthful to your doctor. >> great to see you, doctor. meanwhile, the number one culprit for the bad economy -- the president. that according to a brand new

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then find out how to get lunesta for as low as $15 at lunesta.com. there's a land of restful sleep. we can help you go there on the wings of lunesta. >> good morning, everyone. today is tuesday, july 24, 2012. thanks for sharing your time with us today. taliban terrorist releasing chilling video of an attack on american troops. >> allah akbar! >> and the worst part, they claim there's more of this to come. >> they're upset and concerned and they're not sorry. james holmes' parents standing by their son and lawyering up. we're live in aurora, colorado, in moments. >> and look out! an instant tsunami comes out of no place. >> oh!

>> how those tourists escape the oncoming ice. "fox & friends" hour two for a tuesday starts right now. >> all right. welcome back, everybody. we have so much to talk about today. not only do we talk about what's happening over with penn state that's unbelievable news yesterday and we have the latest because we finally saw holmes in court yesterday, saw some interaction with the parents. >> plus the interaction with the candidates. the attack ads going back on the air in colorado. we're going to tell you about that and so much more. but first, we start with some >> ok, new video just released by the taliban offering a chilling account of last month's attack on a u.s. base in afghanistan. this left two americans dead. >> allah akbar! allah akbar! >> it shows the entire attack

from the planning stages to that dramatic moment you saw there. that's a 10 ton bomb exploding. in the background, you can hear those weird chants of allah akbar. sounds echoing and also in video, an eerie interview with a homicide bomber who says that he will take revenge on anyone who insults islam and the quran. new information this morning on that horrific crash in texas that killed 14 people on sunday. police now trying to identify the victims, all suspected illegal immigrants and they say the men, women and children from mexico, honduras and guatemala were carrying toothbrushes and a change of clothes but no identification. federal immigration agents are looking into the human smuggling aspect of the case and the scene is less than an hour away from the site of the nation's most deadly immigrant smuggling case where 19 immigrants died in 2003 after being put in a sweltering trailer. for the fifth straight year, our nation's debt soaring by at least $1 trillion. new figures from the treasury showing our debt was nearly $16

trillion at the end of june. and in just a few hours, the congressional budget office will release the new 10-year costs of obamacare. one report will focus on costs after the supreme court ruling and the other looking at the cost of repealing it. earlier this year, the cbo estimated that obamacare would cost over $800 billion more than what president obama initially said it would cost. and an ohio town wants to make sure not even the radio will distract you behind the wheel. the bowling green city council introduced legislation that bans any type of distraction that takes away the driver's full attention. it's still being discussed but critics say the ordinance is too vague in defining what constitutes a distraction and those are your headlines. >> hold on a second, brian. >> it's interesting, we're introducing more and more distractions in cars like g.p.s. i mean, the radio has been there forever but now it's an onslaught and now they'll take it all away? >> my wife is more talkative than ever. that's distracting me.

>> that's coming up in a later topic. >> talking about commuting together. >> maybe so. >> in the meantime, days after the horrific shooting rampage at a colorado movie theater, a scare in new jersey overnight. showing of "the dark knight rises" canceled in edgewater, new jersey, it's just over the george washington bridge from manhattan after somebody opened an emergency exit. the theater was evacuated. thankfully it was a false alarm, brian. >> yep. meanwhile, we're learning that the parents of the accused shooter at the colorado massacre have lawyered up through a spokesperson, james holmes' parents say this, they're upset and concerned but so far, they're not sorry. >> this as holmes faced a judge for the first time and alicia acuna is live in aurora, colorado for more information this morning. good morning to you. >> hi, good morning, gretchen. yes. next up in the case against james holmes is the formal filing of charges by arapahoe county district attorney carol chambers. now, under colorado law, chambers had 72 hours from

holmes' initial appearance yesterday to file the charges but requested and was granted an extension until monday. holmes didn't speak during his advisement hearing in court, stared straight ahead and down at times, closed his eyes a little and did not look at some of the victims sitting in the courtroom either and we are hearing more from those inside the theater including stephanie davies who the president recently explained in his speech from colorado saved her friend ali young's life when she was shot in the neck. >> you were literally in the mouth of hell and we're laying there in the dark with all of this madness just chaos going on, and she's telling me, stef, run, you need to get out of here. and i mean, that's the thing about this like you never know how close you are to somebody and how important they are to you until you can test your friendship and say you were willing to lay down your life for each other. >> a fox news crew took some of

this video of the interior of holmes' apartment. they did not cross police barricades to gain access but it gives you an idea of what police came upon when they eventually entered his residence. now, a judge -- the judge in the case has placed a gag order on this case, guys. that means lawyers and the police are not allowed to release anymore information so we won't be getting any more of those media updates from the aurora police department that we have every day lately. >> thank you very much, alicia. by the way, she's in front of the movie theater. i was reading in "the denver post" they have decided whether or not the status of that theater. would you want to go into theater number 9 there? that's a horribly tainted ace. >> or the one next to it. >> exactly. they don't know about that. the batmany movie apparently took over $160 million over the weekend and warner brothers intends to make a significant donation to the victims. >> try to unwind what was going through or not going through this guy's head, you go back to

the university of colorado. what happened during that oral report when evidently it went so bad, he ends up dropping out a few days at the university of colorado and is not talking but evidently, the faculty and students were so small because it was limited, there was a lot of interaction. tmz is reporting on july 5th, he reached out on three women on line and three rejected them. >> i read one thing from somebody who said he's being depicted as a brilliant guy. this particular person who spoke to a reporter said -- >> professor at that summer program in 2006. >> he was very mediocre. where that came from, i don't know. >> lazy and irresponsible, too. >> his undergraduate college is what they had to say about him as well. let's go to the political scenario because the candidates have gone back to it. yesterday, we were saying how long would it take the attack ads to come up specifically in colorado and it started

immediately after this show when david axelrod went to the twitter machine and went back to the attack ads on behalf of president barackba. now a new ad that's being put out by barack obama called top down talking about how he believes that mitt romney is not the right person for the economy because it will be the same top down economics that he believes failed in the past. nonetheless, here are both of the candidates back on the stump yesterday. >> the president needs to spend time with the jobs council. i guess in the last six months, he's done 109 fundraisers. i would suggest between fundraisers get together with the jobs council and learn from people who are working hard to create jobs. >> he doesn't understand what it takes to build an economy where everybody has a shot to succeed from the worker who punches the clock to the entrepreneur who wants to take a chance on a new idea. there's only one way to grow our economy for the long run. that's what we're fighting for. that is what this election is about. that's why i'm running for a

second term as president. >> you know, until the president actually ran for office or got into office, i never remember people saying that you cannot make it. what he just said, it's not there for everybody. well, nothing is ever fair for everybody in a pure sense. it's not fair that maybe you sit on a window. you have a window seat in a plane and you prefer the aisle or that you have an office like steve does in the corner office with a couch and a -- >> i wish! >> right. that doesn't seem fair. but i've never heard that expression before. >> it's all about fairness now. >> it's one of the first lessons that you teach your kids, too. how many times at least over the summer have i heard my kids bickering at each other, that's not fair. look, life's not fair. so we all understand that but i think that we all know that we should work as hard as we possibly can and maybe you get a lucky break down the road. what do you think about the economy and who is going to do a better job with it? take a look at this poll. >> the newspaper asked this question, who do you blame for the bad economy?

the president of the united states by a plurality is the winner or loser as you would take it. 34% say barack obama is to blame. 23% say congress. 20% say wall street. and only 18% say george w. bush which is interesting because it was about a year ago when george bush and the president, current president are neck and neck. 66% of those who responded said that they believe the lousy jobs growth and slow recovery is a result of bad policy and the big question is whose policy? as you can see right there, a plurality say it's the current president. >> gallup does say the president's approval rating is approved for the third straight time but still under 50%. it's like 46.8% and more important, the question we have to you is do you commute in the same direction with your spouse? >> and is that a good idea? and is your marriage better off? do you have a better chance of surviving if you actually car pool together? i've been trying for years to get my husband to leave the house at the ungodly hour that i

do. >> keep shake him. >> i would to spend so much more time together with him to talk about those little tasks that we have to get done at the house. he keeps saying, you know, i'd rather sleep in. do you think it actually improves marriages or not? i would say no. i would say that this would not be a good idea. especially for husbands. they want to be getting out of the door to they -- >> studies reveal something totally different, am i right? >> i know, yeah! >> this comes from the journal of experimental social psychology and if you car pool, you don't necessarily have to be in same car. it's just if you travel to work, if you commute the same direction. >> that's right. >> if you go in the same direction as your spouse, that is a good thing. >> wait a minute. >> can you imagine every morning, honey, let's put our head out the window of the train. it's morning and we're together! >> go to work! >> i'm going back to what steve said. what kind of study says that your marriage is better if you're not even in the same car?

>> going west together? so you get along better? >> they found that there's a clear connection between commuting in the same direction and higher happiness. you didn't have to leave for work together -- >> that's hog wash, come on! >> i didn't see that part of the fine print. i thought it -- i thought automatically yeah, if you're in the same car together, it might be worth studying. >> the argument is you're all heading in the same direction. you know, if you all -- and they also say that if you -- and this a lot of couples do this, you know, one person works over here and the other person works over here and you find a house this -- right in the middle and you commute opposite, not a good idea. >> break you up. >> exactly. >> so listen, the other thing is with strangers, they also surveyed some strangers and say what if you commute in the same direction with strangers and the results are positive if you end up with drinks or dinner after. >> what? >> he's making that up. >> i did not make that up. >> dinner and drinks?

>> like a booty call. >> i don't know what a booty call is. >> when you call -- >> strange to me when they commute end up being friends in the same direction. >> it's about going the same direction. >> and you end up with drinks and dinner. >> i have an idea, maybe somebody could do a study about people in the same car. >> let's do a study about people doing studies and see why there's so many studies. >> i think that's being done. >> i'm sure some stimulus money has been spent on that. >> tell us if you made out with your woman today if you're commuting in the same direction. >> in separate cars. that would be amazing! coming up, she was viciously assaulted so she fired back going public with the name of her attackers. now she's the one who might end up in jail? why? we'll let you know. >> and then what happened to keeping our current insurance? remember that from the president. new report on what employers are planning to do once the president's health care overhaul goes into effect. you might not like the answer. [ cellphone rings ]

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>> two little girl, cousins, vanished without a trace after being gone for more than a week. one of their mothers is no longer fully cooperating with police. robert lowerty is the director of the national center for missing and exploited children and joins us from austin this morning. good morning to you, robert. >> good morning. >> so robert, it's so hopeful that you think that these two cousins are alive. what are some of the reasons that you think that they are ok, perhaps? >> well, we don't know, brian, and then we have to approach the search for these children in the vain that they are alive and we hope to find them and rescue them and return hem to their families. but this is one of the things that we face in child abduction or even a scenario like this,

that we don't know and we can't give up hope that these children are -- have been killed or maybe deceased. we have to assume that they're alive and waiting to be rescued. it's a prudent approach because something that we see quite frequently. >> right. and one of the problems and we were talking a little earlier is this family has a -- there's a problem with the family dynamic. the mother and father have been involved in the past in crystal meth. the mother did submit to a lie detector test yesterday and apparently passed. what does that tell you? >> well, it would tell me that law enforcement is following a lot of simultaneous courses at the same time. they have to check first, as you know, it was very visible activity at that lake. to drain that lake to see if there were an accidental drowning or some other reason those children were at that lake. they've eliminated that and now they have to look at anybody who is close to the children including the parents, anyone that would have come in contact with them, friends, neighbors, anyone at all. so they're just in the process right now of eliminating potential suspects. >> i understand that you're looking at somebody that might have been in a paddleboat on

that lake at the same time. and you're also pointing out something else that's important. it's hard enough to grab one kid and not no one notice. how do you grab two? it's much more difficult to do that unless, of course, these kids were so polite with adults that when adults talked to them, they were compliant because of etiquette or manners. i think you said something absolutely correct is that a lot of our child abductions that we see around the country are a result of a very passive child going along willingly with an abductor not realizing that they're in danger, you know, that they're not even witness which makes these cases especially difficult for police because we don't have a direct witness that might be able to provide a suspect description. happens quite frequently. the cases where, say, that just happened in philadelphia where the small child was grabbed by an abductor and started kicking, screaming, biting, those are the onto these cases that do bring out witnesses and cause these

abductors to drop these children. the fact that two children were taken in this case is interesting because it's not unprecedented but not something that we see very often. >> absolutely. let's hope and pray that they are alive. robert lowry, the director of the national center for missing and exploited children down in austin. thank you very much. >> thank you. >> all right. meanwhile, coming up straight ahead, she was viciously assaulted so she fired back going public with the names of her attackers. now, she's the one who might end up in jail. wheel explain. >> not supposed to happen that way. look out, a glacier comes crashing down at the camera person! oh! a snow and ice tsunami rushing towards a group of tourists. what happens next? you'll have to stick arnold. -- around. [ male announcer ] when a major hospital

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>> time now for news by the numbers on this tuesday. first, 1 in 10. that's how many american employers are planning to drop health coverage for their workers because of obamacare. that's not good. next, 47. that's how many global companies can't pay off their debt this year because of the troubled economy. standard & poor's, s&p says more than half are here in the u.s. and finally, $3 million. that's the bonus the c.e.o. got for the computer company's successful year and guess what? he's giving it all back to his 10,000 employees to thank them for their hard work. way to go. very nice. gretch? >> 17-year-old savannah deitrick was the victim of a brutal assault but speaking out about the case and naming her attackers publicly nearly landed her in jail. lawyers for the girl's attackers have urged the judge to hold her

in contempt for doing that but have since dropped the motion citing the media coverage but is silencing the victim of a crime an abuse of her right to free speech? joining me now for a fair and balanced debate, civil rights attorney remy spencer and the interim director for the reporters committee for freedom of the press. good morning to both of you. >> good morning. >> good morning. >> so remy, set the scene for me on this case, this young woman was abused by two juveniles. and they pled guilty to some sort of a crime and then she released their names to the public. fill in the blank. >> you're absolutely right. this is a very difficult situation. a very sad case. the victim was the victim of a very sexual offense and a sexual assault in kentucky. and these juveniles who were prosecuted by the criminal courts and by the state of louisiana, excuse me, kentucky did in fact face the judge and plead guilty to very serious crimes. first degree sexual assault as

well as a misdemeanor voyeurism charge. the victim in this case, however, was very upset because she was not notified of the terms of the plea and while the juveniles haven't been sentenced yet, they are facing time in jail behind bars for this crime. her anger and frustration over the case led her to ignore the judge's order and what is typical in every juvenile criminal court which is confidentiality and she posted these names and talked publicly about the victim -- excuse me, about the defendant. >> so in that case, then, greg, the other side said hey, she can't do that. it's supposed to be confidential. and so she was then going to be held in contempt of court and possibly go to jail. do you think that would have been right? >> no, i mean, there was a court order and she should have tried to fight the court order rather than just directly maybe violate it. we're not even sure if she violated it. every person that goes through any kind of event has the right to talk about it. they have a right to talk about their own story. now, they might not have the right to talk about what

happened in court or what happened subsequently in the judicial process if there's a compelling interest at stake but they always have the right to talk about their own story. so no, i don't think it would be right. >> what about the case that remy is pointing out that is it law or is it just protocol to not release juvenile names? >> that's a very good question. in almost every jurisdiction in this country, our juvenile justice system keeps the names of the juvenile offenders confidential because the purpose as opposed to an adult criminal court in the juvenile case, the purpose is to rehabilitate as well as to punish. in this case, the victim wasn't told she wasn't allowed to talk about what happened to her. of course, any victim has the right to discuss it. the point was that she couldn't name her attackers. and that's the real problem in this case. >> but greg, if it's not a law, it seems to me to be squishy and so why was she going to potentially go to jail, then, for doing what she thought was

right? >> well, we don't know if she would have gone to jail, we don't know -- this never got before the judge but she -- when this happened to her, she had the right to mention who it was who was involved? she didn't get that from court records. she got from this her own personal experience so she did have the legal right to speak about it. >> yeah. i mean, especially in a rape case or a sexual assault case, it's usually the victim that everyone tries to protect but she was the victim and decided to come out and use her own name so then i guess the attackers were fair game, remy, i know you disagree with that. >> well, the lawyers for the defendants asked the judge in the case to hold her in contempt for ignoring the court's order, not to name the defendant. >> ok. very good. >> but they did withdraw it. >> so it's been withdrawn. thanks for your time this morning. >> thank you. >> penn state gets blitzed over 100 wins, wiped out and the team banned from bowl games now for the next couple of years. is the punishment fair to the actual players?

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>> in pittsburgh, a bear wandered into a sears store, a bear, it left 20 minutes later when it was unable to find a salesperson. >> and that's the person. >> i'll tell you, i did something at sears -- >> where america shops. >> two weeks ago that i'm very proud of myself for doing although i took a beating on it. i bought the display model of a cooler that they had plenty in the back on because i just don't want to put anything together. >> so rather waiting for one that nobody had man handled. >> i'm going to take that one. >> that sounds like a really smart move. >> i thought so. there were scratches on it. it was a display, people had opened and looked at it. >> it was a cooler. >> can i take this and they said yeah, we can get you a new one. can i take yours? because it takes forever to put things together. >> did you get the 10% off? >> no, i never thought -- i would have paid more not to put the legs on. >> it's a cooler!

>> what do you have to put together? >> put the legs on and wheels. >> legs? >> legs? >> i feel his pain. >> i am -- let's just say -- >> this is why i get the calls from brian on christmas eve. ok, a part c is supposed to go into the -- >> believe me, i do everything the directions say, it says lay it out and it i do everything and it's still maddening. >> just buy it regardless of the price, already put together. >> could somebody come to my house and put things together? one or the other. that would be great. >> very handy, will be coming up shortly. >> sure. >> i can't believe you're talking about your cooler because we're talking about sports right now, penn state and the controversy. should the past athletes pay the price -- what do you think about this? the big ruling from the ncaa came down yesterday. here's part of it four year post-season ban which means no bowl games. >> a lot of money. >> lots of scholarships. $60 million fine.

that's one year of revenue from just the football program. >> all wins from 1998 to 2011 vacated. that's 112. five year probationary period so during that time, those 112 victories, they don't go down as losses or wins for the other team. they're just no decisions. >> sure. yep. into the void. they had to do something. but was it too much? because it does impact the kids who are playing right now. >> it impacts the entire town. >> absolutely. >> so we asked you what you thought and via the e-mail and twitter, you said things like this. holly says it's a lose-lose situation, the biggest lesson here is to understand how our actions or in this case, the lack of action by coach and penn state officials can affect so many for a very long time. holly, you are exactly right. >> isn't that the truth? doris in pennsylvania says i'm not sure why they are punishing the players and students. the adults should take full responsibility for not reporting the incident. >> and mean while, the punishment fits the crime. players have been a part of

corrupt culture for decades. hopefully this will put an end to it. it was interesting that tom brought up today, i believe it's a -- well, it was just one of the comments. i read so many papers. i forgot which one. they said bring up the university of san francisco, legendary program, unbelievably successful. there was so much corruption with kids taking other kids tests for players, the dean said i'm banning the -- i'm canceling my own basketball program. we've brought so much prestige and great players like bill russell who was the coach at the time, he disbanded it at his own school. should penn state said no more football? >> you know why you like reading so many papers in the morning? >> why? >> because they come assembled. >> that's true. they're put together for me. >> let's do some headlines before stu varney joins us on the couch. he wanted to leave work early to see his girl friend so he did what most people would do, right? he set a nuclear sub on fire. >> it happens. >> casey james fury faces life behind bars if convicted for setting fire to the u.s.s. miami

while it was docked in maine and confessed to starting a second fire causing a total of $400 million in damages. he was working on the sub as a painter and sand blaster at the time and according to court documents, he was taking medications for anxiety and depression. >> that will be his defense. meanwhile, the muppets are cutting ties with the fast food chain the chick-fillet. it's pulling out of a promotional deal with them after their president said his company is opposed to same sex marriage. that president dan kathy admitted this privately owned company is guilty as charged. in support of what he called the biblical definition of the family unit. he said "we are a family-owned business. a family-led business and we are married to our first wives." >> a person who tried to rob a drugstore is causing confusion for police in florida. they're not sure if the suspect who is on the loose is a man or is a woman.

>> what's your emergency? >> someone just tried robbing our pharmacy claiming they had a bomb. >> what did he look like? >> very he was wearing this green wig. had black lipstick on. >> ok. >> it's pat! here's the cross dresser caught on surveillance camera at c.v.s. the suspect tried to steal prescription drugs but quickly fled when the pharmacist called his or her bluff. >> it's hard to tell! it is hard to tell, man or woman. >> some incredible video to show you. tourists narrowly escaped a tsunami off the coast of greenland. >> they were checking out a glacier when a huge chunk fell off creating a massive wave. that came barrelling towards them. luckily, the boat captain acted quickly and was able to speed away. just in time. everyone on board was ok. >> they are so lucky all that

ice didn't flip the boat! look, it's a little boat. oh, my goodness. >> green land is not too green. >> looks more like iceland. >> what were the vikings thinking? >> that's why they got out. two upcoming reports expected to detail a stalling economy and it could cost the president big. so says stuart varney and he's here to explain. what do you mean? >> these reports are going to paint a picture of a very dismal economy. later in week, friday morning, we get the report on g.d.p., the overall strength or otherwise of the economy. it's likely to show growth of maybe 1%. that's an economy flat on its back, virtually close to stalling speed. one week later, we get the unemployment report. it's likely to show virtually no new jobs created and an unemployment rate that may actually go up again. taken together, that's a very dismal economic outlook coming up in the immediate future. bad news for president obama.

>> it's interesting, people are going to say it's not his fault. it is his fall. one thing that the coal industry has stood up and said if you're looking at unemployment numbers, look at us. if you want to know why we're having so many unemployed and nothing is growing there is because of the e.p.a. regulations that came from this administration. that's something specific. >> because all kinds of reasons why we got a very slow economy but primarily it is because the president's policies of stimulus and extra government spending have failed. and when you look at what his policy is for the future, to deal with an economy flat on its back, it has raised taxes. now, most economists don't think much of that idea. that is a political response to an economic problem. but that's what's coming down the pike. >> with the bad information about the president's economy, you would think politically that's going to be bad for him but only if it's reported by the mainstream media. >> yes. and whether it is or not, i don't know, but i'm going to report it because that's dominating the discussion at this moment about what we're facing economically. we really do have an economy

that's spiralling down. 1% growth, no new jobs. three years after the end of a recession. we should be nowhere near that position. >> what role does taxmageddon play in all of this? >> it plays a big role because businesses do not know what's coming up in the future. there's this thing called uncertainty. you've got the uncertainty on the regulatory front. you don't know what obamacare is going to do to your costs. you've got an uncertainty over taxes. you don't know what your tax structure is going to be down the road. that uncertainty means why on earth should i go out there and hire an extra 1,000 people right now? why should i do that when i don't know what's coming up -- >> that's why temporary workers are up. >> yes. >> but full time, full staffed, not so much. >> a third of the jobs created right now are temporary jobs. that's not good. >> we're going to catch you -- >> you'll be on at 9:20 eastern time on fox business.

>> brian is going to be on the show interviewing the two youngsters on the lemonade stand, i think it was. >> are you going to run that? >> we're running it. >> i have three words for you. some assembly required. >> those are the three words i've heard all day. the worst! >> i hope his wife is good with a screwdriver. that's all i can say. thanks, stu. see you soon, the administration claims our border is more secure than ever. really? as arizona congressman ben quail says not even close. his thoughts next. >> do you have thoughts on new york city's ban on supersized drinks? today is the day to speak up. we're live with the details. they're going to decide what to do with the big gulps. >> the pfizer trivia question of the day sounds like this -- [ male announcer ] what if that hemorrhoid pain

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>> homeland security secretary janet napolitano says the u.s. border is more secure than ever. >> have you had the opportunity to talk to the president and/or his national security advisors about these leaks and how to prevent them in the future? >> mr. chairman, i have spoken with the head of the d.n.i. about the leaks. he is leading an investigation, as you know, but i, too, take these very seriously. they do endanger homeland security. >> ok. >> is the president's immigration policy really working? joining us right now is a member of the house judiciary committee and homeland security committee, arizona congressman ben quayle. congressman, did you get anything out of the former governor of arizona now homeland security secretary's testimony? >> well, the thing that i got

out of it was that she believes that the executive branch has very broad powers to actually change the laws that are on the books. i mean, they kept talking about prosecutorial discretion. she said that eight times within the memo where she changed immigration law but the executive branch doesn't have the power to do that. we have co-equal branches of government for a reason, for checks and balances and now you have the executive branch and secretary napolitano basically enforcing laws as they see fit and not actually enforcing what's actually on the books. >> we know apprehensions are down in arizona. does that mean the traffic has lessened? >> that's the thing. you don't know what the actual numerator or the denominator is and we've been getting some leaks from c.b.c. saying there's an internal memo that says they have discretion to either not actually process somebody who is coming across illegally. just turn them back south. i have heard that anecdotally from sheriffing that are down at the border. now that we have an internal memo that shows that's a policy to do that, it shows they're

actually trying to cook the books so the numbers look a lot better than they actually are. >> you say they're still waiting for the secretary to decide what papers are going to be necessary to establish status here, right? >> well, we don't know exactly what's going to be going on. she says that oh, don't worry, the taxpayers aren't going to be footing the bill on this and then asked if there was going to be a waiver. yeah, there could be a waiver. we don't know what sort of documentation is actually going to have to be put into place to go through that application process because there's a rampant fraud that was occurring in prior administrations with these types of waivers that are being put up. and so she doesn't know what's going on even though they're supposed to have this in place by august so it's really troubling to see that they don't know exactly how the whole process is going to happen and they just were actually doing it for political purposes. >> how disappointed are you that former governor of arizona seems to have totally changed her policy since she changed her positions not understanding the

challenges that you guys and others are going through on a daily basis in arizona. >> brian, it's ironic that secretary napolitano when she was governor was sending bills to the federal government to the costs that were associated with illegal immigrations in arizona and now she's just saying oh, don't worry about it. we got it under control. it's not under control. and for her to continue to say that the border is more secure, we have 40% operational control of the southwest border. i don't know what sort of curve she's grading on. that's failure in my book. >> wow, congressman, thanks so much for joining us. we'll stay on top of this. i appreciate it. >> thanks, brian. >> meanwhile, next on "fox & friends" we are helping our nation's heroes get hired. the top five companies hiring veterans at this hour. even better, they're just a click away. first on this day in 1980, it's still rock 'n' roll to me. billy joel was the man who didn't talk about it. i sang about it.

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>> answer to the question of the day, kristin chenoweth and the winner is debbie brenner of battle creek, michigan. a new bill just passed in the u.s. house aimed at helping veterans land jobs to take advantage of the military training. now it's just awaiting president obama's signature and the veteran skills to job act can't come fast enough. in june, veterans who have served since september 2001 have had a high unemployment rate and the rate for vets age 18 to 24 was a whopping 23%. cheryl is out today. cheryl casone. instead we're joined by kevin o'brien, the founder of milicruit on a mission to bring those numbers down. good morning. >> good morning, steve. >> right now, the unemployment rate for young veterans is what?

>> could be as high as 24% in some markets, 30%. >> it's very high so we need to find them jobs. you know how this works. let's talk about the virtual career fair. what's going to happen -- it's going to start a week from today. people don't have to necessarily go to a convention center. it will all be on line. >> correct. yeah. what we do is bring the career fair to them so they can log on and meet with employers in real time, even apply for their jobs and actually chat live with the recruiters. >> let's talk about some of the companies who are looking for people to work for them. first up, let's start with devita on the big board. this is a g.i. jobs top 100 military friendly employer for the last three years. >> absolutely. they have dialysis centers all over the country and they support hiring veterans and veterans bring a lot of the skills they're looking for and they have over 2500 jobs available, patient care, nurses, social workers and been a great partner of ours in our virtual career fairs. >> it looks like loews, the home improvement company is looking for a few good men and women, too. >> 2500 jobs again. they have 1700 locations across

the country. another g.i. jobs top 100 military friendly employer and they're looking for store and distribution roles, corporate i.t. and based out of north carolina. >> dish network, the satellite provider, are they look for people to go on the roof? >> actually they are. technicians and a lot of veterans come out of the military with technical skills. they plug right in. they're looking for i.t. sales, customer service and technicians. >> xerox. >> household name, obviously. the head of global talent for xerox is a 28 year veteran himself, a retired colonel. they've got 4,000 to 5,000 positions, everything from finance to accounting, i.t., and customer care. >> and finally, sears. where we saw there was a bear loose in one last week. now they're looking for some people. >> yeah. sears is a great story. they've hired 3,000 veterans already this year. and they're a g.i. jobs top 500 company as well. they've got anywhere from 700 to 800 salaried positions but every year they hire 150,000 to 170,000 front line personnel in

their stores. >> so now for people who are interested in those jobs or others, do you have to go on line to register? >> you do. you need to go to veteranscareerfair.com open to active duty veterans and military spouses. >> the goal is to get how many people hired? >> we started a program four months ago called 10,000 jobs challenge. we aim to get 10,000 veterans the end of next year. they have hired 6,000 already in four months. >> that's great. thank you very much. >> thank you. >> that's great. all right coming up, those pricey light bulbs like the pigtails are great for the environment, we are told. but they are apparently bad for your health? we've got that story. then there's already a record number of people on welfare and now the government wants to make it easier for people to qualify. is that legal? laura ingraham weighs in on this and so much more. straight ahead. on the tuesday "fox & friends." [ male announcer ] summer is here.

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now for an exceptional price during the summer event. but hurry, this offer ends july 31st. >> gretchen: good morning, everyone. today is tuesday, july 24, 2012. i'm gretchen carlson. the taliban taking aim at american troops and releasing this chilling video warning. watch this. they claim there is more like that on the way. >> steve: james holmes' parents lawyering up and standing by their son. they're upset and concerned, but apparently they're not saying they're sorry. we're live in aurora, colorado this hour with the latest. >> brian: someone fired the first in charge of the invitations. the man who told the president loaning solyndra money at the same party as the president yesterday. "fox & friends" starts right now

>> steve: you know who else threw a big party for the president recently is eva longoria. she'll be with us, i believe this half hour, to talk about the political campaign this time around. plus potato chips. >> brian: eva longoria, quite a looker. >> steve: really? >> brian: you get that impression? >> steve: she's a desperate housewife. >> gretchen: not anymore. that show is now kaput. >> brian: i know. i was in california. we went down that street, wisteria lane. >> steve: at universal. >> brian: yeah. >> gretchen: i don't think that actually exists. >> brian: no one was home. i kept knocking. >> steve: on the same street they did dist desperate housewives, they also had the munsters house and leave it to beaver house. >> gretchen: the munsters is coming back. >> gretchen: what?

>> brian: they're building another mockingbird lane. what is that? >> steve: 1313. >> brian: how come i cannot remember that. >> gretchen: you are chalk full of information. let's do some headlines. we're learning that the parents of the accused shooter in the colorado movie massacre have lawyered up. here is spokesperson james holmes' parents say they're upset and concerned, but they're not sorry and they stand by their son. james holmes appearing dazed as he faced a judge for the first time. the d.a. is considering the death penalty. the "new york post" reporting holmes cried like a baby after the rampage and had a mini breakfast buffet. also video showing inside his booby trapped apartment, a poster showing several people shooting during a paint ball game and what appears to be the door knob from the front door, which he rigged to kill. coming up, we'll will give to

colorado with an incredible story from two young survivors still in the hospital. an explosion so strong shock waves could be felt for miles. propaganda wing of the taliban releasing this video. it left two americans dead. so you can hear those erie chants of allah akbar after the moment. the ten ton bomb exploded. also an eerie with the homicide bomber ho says he will take revenge on anyone who insults islam and the koran. awkward, the man who warned the white house about its investment in vain vertebra breaking bread with the president last night. he made sure to sit at a table farthest from the president at a fund raiser in california. he juggled lemons to entertain kids. he warned the administration

about giving solyndra loans. proposed ban on sugary drinks about to heat up today in new york. new yorkers are getting a chance to speak out about the proposal by mayor bloomberg to punishment a limit on sodas over 16 ounces. the public hearing being held by the department of health will draw a large crowd. there are 49 people scheduled to speak from both sides. could be a long night. those are your headlines. >> steve: now scheduled to speak is laura ingraham. she joins us every week at this time from our nation's capitol. good morning to you. >> hey, how are you? >> steve: doing great. thank you. one of our earlier guests on the program. >> who the inspector general of the tarp fund, he was working for congress to make sure that the administration doled out the money correctly. he was on the program a little while ago. we want to play you a sound bite and he said every time there was a question of whose interests were the administration people working in the interest of, was it the people on wall street, main street?

he said this sadly. >> at every critical juncture when an opportunity to decision was made to make a choice, the choice was to help the banks, whether it's with the housing program, whether it was with shoveling money into banks without strings attached, time and time again to punishment the interest of the banks over main street. >> brian: he was also talking about the bush administration as well. >> steve: that's where he started. >> you know. remember being on this program in the fall of 2008 when -- remember john mccain suspended his campaign and everybody rushed to washington. it was obama, mccain and president bush all agreeing that they had to do something. we had to step in. there was going to be world calamity if we didn't have this tarp 1. number of us at the time thought it sounds good on the surface, but the devil is always in the details and indeed, this is what we find out. obviously neal, i haven't read the book yet. he's out there pumping a book examine i'm not saying what he's saying is inaccurate.

i believe it sounds more accurate than not and this is why these types of bailout ventures are risky at best and usually the wrong thing to do. this is a huge plus for mitt romney who has fairly consistently stood against the bailout, although he had some wiggle room at the very beginning. i think he's going to use this on the campaign trail. >> gretchen: they very least they should have put in the fine print they should have had the banks tell the american people how they were going to use the money. >> brian: some didn't want the money. a lot of the banks said, what do you mean? >> gretchen: they were forced to take it. >> again. what neal was saying was that the interest of some on wall street steamed to trump the interest of the american people. that's why the government bailout mentality is so deleterieus for accountability issues. it always comes out four, five years later, these details. this is just one more example. i've got to say, i was against the bail outout from the

beginning and not to say i told you so, but john mccain i think at that point, i mean, i think he could have turned around his campaign if he stood against what was happening there. but he didn't do it. >> gretchen: talk about the economy in more general terms because what do the american people think about who is to blame for the state of the economy right now? well, for the bad economic recovery, 34% blame president obama. 23% blame congress. 20% blame wall street. and 18% blame george w. bush. this is not good news for the obama administration today because they have been blaming president george w. bush for 3 1/2 years. >> i guess all that money we spent in june demonizing bain capital and romney's business experience was a big flopperoo. they decided that this is going to be their winning ticket, right? the one thing that mitt romney had which pretty much all of us understood to be his strength, his experience in the business world, was smashed day after day in these ads and it turns out

that common sense usually prevails. the guy at the top of the food chain, last 3 1/2 years made all these promise, spent a lot of money, drove us further into debt is the one who will be blamed. if the results were the opposite and bush was still blamed, then a loft us would just be at the point of giving up. but the american people are senatorrer than that. >> steve: one thing to add to that, i saw in special report last night with bret baier that they were talked about the -- the obama folks are going through so much more money than they're taking in and they compared the number of employees working on the campaign for president obama which was 700, something like that, as opposed to mitt romney would had a couple of hundred. it was actually living with a budget. >> but you have to understand, the president promised jobs saved or created. so he has to do his part. it's in his own campaign, okay? they're running out of cash. you got to check to see if the paychecks actually are cashable at this point at the obama

campaign. >> brian: let's talk about welfare. we thought it was reformed in 1996, one of the last five partisan efforts, major efforts i can remember. examine now we find out that the obama administration wants to get the work fair out of welfare and a lot of republican governors are saying is this indeed legal? can he, in fact, do this? what do you think? >> kathleen sebelius sends out this letter indicating the possibility of these waivers and this is one more instance where the administration is doing this very interesting end run around current law. they did it with immigration amnesty. they're doing it with no child left behind. and of course, they're doing it with this. so is it surprising? no. but i don't know yet. i'm just beginning to look into how administratively, as a matter of administrative law, this would be possible. terry bransad is a sober guy, iowa governorment you saw him on fox news sunday. he was personally outraged by this and he believes the legal grounding for the obama

administration is very shaky here. i tend to agree because this has to stem out of the social security act, oddly, the way the thing goes down. it looks like there might not be administrative authority to do this. >> gretchen: it looks like congress with have to be the ones to make changes since they were the ones who made the reform under president clinton originally. >> don't question the king! don't question the king, gretchen, come on. >> gretchen: sorry. >> you're his subject, don't forget that. >> gretchen: let's look at the list of some of the things that will be qualified as work under welfare rules. bed rest, motivational reading, massages, exercise, journaling, personal care activity, not sure what that is. smoking kressation, weight loss promotion, participate not guilty parent-teacher meetings. helping a relative with household tasks and earneds. >> steve: get welfare for taking out trash. >> let me just say, i'm actually feeling really good about myself because i pretty much engage in

all of those. i do journal. using journal as a verb. this is so tailor made for the romney campaign, right? but let me tell you, what i think is going on in part is what we saw with the numbers coming out of virginia over the last couple of weeks. romney is doing better in virginia. it's critical state for this election and the washington examiner wrote a piece about how the obama campaign has to up the turnout in virginia among certain demographic groups, including african-americans. i think a lot of this ends up being a push for election turnout. same thing. give more free stuff to people and hope they come to the polls. i think you're seeing it with immigration, with this. >> brian: a lot of the money the obama administration is spending in getting election is unpolling. they're polling in the areas to find out where they should be spending money, if they have money left. >> wait a second. kilmeade, he's big among the massage therapists because they're going to get huge

benefits from that, massage, journaling. i know, brian, with a dust pan examine a broom, you are a wonder around the house. >> brian: i really am. >> gretchen: don't go there, laura. >> brian: with a feather duster. >> doocy uses a feather duster. >> brian: do you like a woman masseuse or male masseuse. >> steve: don't answer that. >> gretchen: now you know what i go through. okay? yep. >> brian: what is the problem? they ask you that when you get a massage. >> he's blushing. what is this an mtv interview or "fox & friends"? this is the real world "fox & friends" style. this is like i'm not -- >> steve: go do your radio show. >> i'm going to do a clean radio show. okay? >> steve: see you next week. >> brian: gretchen weighed in. she'll take either one. >> she takes either one?

men. >> gretchen: all right! >> they're stronger. it's a lot of sports injuries, guys. >> brian: that was the toughest issue she's ever had to handle. >> i'm never going to live this down. my brothers are already messaging me on my phone. see you guys. >> steve: i think that rubbed her the wrong way. >> brian: i think so, too. >> gretchen: we found out who she wants to rub her. we did. >> steve: excuse me? >> gretchen: coming up, james holmes is he insane or evil? should he get life or death if found guilty? peter johnson up next with the hard road ahead for the district attorney. >> brian: bad for you, 'cause you're a human being, and you're hoping your skin would survive every communications provider is different

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>> brian: prosecutors in the movie massacre case have a little more than two months to decide if they'll seek the death penalty against accused shooter james holmes. but despite all the evidence stacked up against him, the district attorney says it's not exactly an open and shut case. >> i would say there is no such thing as a slam dunk case. it is a case where we will -- we're still looking at the enormous amount of evidence and we would never presume that it would be slam dunk. we will work very hard on this case to prosecute it just like we would any other case. >> brian: so is she right, peter johnson, jr.? >> no, i don't think she's hedging her bets. she's saying in any declaration has lot to be done. you have to have a time line here. you have to show which witness says they saw holmes in the theater, which witness says they saw him exit the theater. so there needs to be step by step, stage by stage, witness by witness to put the case together. but the bigger task is the

insanity issue and if there is not a guilty plea, there will be an insanity plea put forward and under colorado law, there are real burdens for miss chambers as the prosecutor in this case. number one, they're not entitled under a lot of colorado case law to their own exam, their own psychiatric exam in this particular case. >> brian: they have o have an outside psychiatrist? >> outside psychiatrist, retained by the defendant in this particular case. the other part is, the burden shifts, meaning once the defendant pleads insanity, it's then up to the prosecution to prove that james holmes is sane. to do that without a psychiatrist who actually examines the defendant holmes, that's a hard thing. >> brian: do you think that the insanity defense is beginning to be built yesterday by this guy evidently has a pretty good intellect, as you see him nod off one minute, looks startled

the next, detached the next? >> i don't know whether it's true schizophrenia, depression, lack of sleep, valium, medication, or he is the new heath ledger in his mind. one minute opening his eyes wide, the next minute closing them. the next moment impassesive, the next moment appearing interested. a bizarre display. if you take that, coupled with the notion he goes into the theater and announces that i am the joker, is he a delusional personality? does he really believe that he's the joker, or is this a fabrication or something he comes up in order to beat the death penalty. >> brian: do you go back to the professor who went to school with him, talk to the people in his complex ho say he was normal? >> if they say he was normal, i suggest the legal aid people will come up with a psychiatrist who says this guy snapped most recently and that's capable of some normal activity, but then

periods of delusion that resulted in this act. insane or evil, that's what awful us are talking about now in the united states and that's what this district attorney will be facing. >> brian: maybe tomorrow we talk about the death penalty and where they're going to go with that. >> yeah, let's talk about it tomorrow. >> brian: thanks so much. straight ahead, nuclear submarine set on fire because someone who worked there wanted to leave work early. and politics are nothing new, but eva longoria. but these days she's taking things further. what she's doing to help president obama get reelected.

>> gretchen: quick headlines.

you can call it space diving, austrian dare devil, felix seen here will jump from a space capsule 90,000 feet in the air, back down-to-earth today. he'll fall 509 miles per hour in 30 seconds. he'll be landing in roswell, new mexico. good luck. a new study by stony brook university stem cell science finds the pricey light bulbs can harm your skin. damage from the energy efficient bulbs is equal to that of u.v. radiation. oops. >> steve: our next guest is one of hollywood's hottest actresses and you know her from the show "desperate housewives" on wisteria lane. >> i need to borrow a bridal gown. >> borrow? >> just for the afternoon. >> we don't lend bridal dresses. >> well, i know it's not policy. but couldn't you do it for a fellow work. >> ma'am, i've never heard of you. do you have your employee i.d.

card? >> no. i'm not one of those nerds who carries her i.d. card on a handsome lanyard. >> go away, ma'am. >> steve: go away, ma'am. now eva longoria's role is taking her as hostess to the next level hosting fund-raisers for the president. last week in san antonio. joining us now is the actress, eva longoria. good morning to you. >> good morning, how are you? >> steve: have you ever tried that before? i just need to borrow a wedding dress? >> yes. been married a couple of times. [ laughter ] >> steve: we don't have to go into that. congratulations, you just raised a whole bunch of money down in your native texas for the president of the united states. >> my home state, yeah. it was a big turnout. great rally. we had a great rally. then we had a private luncheon and then he headed -- i got to ride in the motorcade. >> steve: really? >> yes. >> steve: were you this a car with flags? >> no. that was the president's car. i was in a van. >> steve: they should have you

up front because you've raised a lot of money for the president. not only this election cycle, but last time as well. for people who know that you're one of his celebrity national spokes -- not spokesperson, but representatives, people go, you know, i don't know. i'm kind of on the fence whether i'm going to support him this time because the economy, not chugging along the way it should be. >> it's the number one issue for every american, whether you're latino or black or woman. so that's why i'm on the national reelection campaign is to go out there, be sure voters know about his record and everything he's done. i particularly speak to the latino and women's community because i find the policies being made in washington disproportionately affect these communities. >> steve: so if somebody says, eva, i'm just not there right now, i voted for him four years ago, but the hope and change is not what we were hoping for? >> you know what i say to that? i fear is voter apathy as

opposed to i'm acidy pointed so i'm not going to vote for him. really look at the candidates. if you like what mitt has to offer and you think he has a better plan, it's just about two different choices. two fundamentally different ideologies. >> steve: the choices are clear to you? >> very clear for me, for a lot of people in the latino community. not that i'm speak on behalf of all of them. or on behalf of all women. i'm just saying this is what he's done. this is his record and if you choose to agree with it, then vote for him. >> steve: let's make the transition to potato chips and apparently lay's potato, they've launched this new contest where somebody watching could win a million dollars. >> $1 million. >> steve: $1 million if you come up with a crazy flavor. >> well, not a crazy flavor, just the next new great flavor. lay's is launching this great contest that's going to put the next great flavor into the hands of the consumers, which i always think is great. i love when corporations take responsibility and give back to the consumers that have been

buying their chips the whole time. >> steve: there you are doing one of your -- >> the commercial, yes. >> steve: the reason i said crazy flavors is because some of the suggested flavors are caesar salad, chili and chocolate, cajun squirrel? >> let me tell you, there is a lot of flavors. >> steve: wait a minute. have you tasted cajun squirrel? >> i haven't tasted cajun squirrel. i think that's a suggestion. i don't think we're making that yet. >> steve: if you had to make up a flavor, what would it be? whacky wisteria? >> it's already created. i put hot sauce on my potato chips and so they already have a chile one. >> steve: very good. we've learned so much. >> good to talk to you. >> steve: if people are interested in winning the million bucks, go to the facebook page. >> facebook, lay's facebook page. >> steve: or to our web site. thank you very much. it's a pleasure. >> thank you. >> gretchen: i like some of those flavors. >> brian: bye, eva. >> gretchen: see you later. brian, caught on camera, a woman takes the plunge right into a

river. she's okay. but likely pretty embarrassed. we will tell you how it all happened. >> brian: then five simple things you can do right now to improve your 401(k). personal finance expert, they're a given. here next. building pass, corporate card, verizon 4g lte phone. the global ready one ? yeah, but you won't need... ♪ hajimemashite. hajimemashite. hajimemashite. you guys like football ? thank you so much. i'm stoked. you stoked ? totally. ... and he says, "under the mattress." souse le matelas. ( laughter ) why's the new guy sending me emails from paris ? paris, france ? verizon's 4g lte devices are global-ready.

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>> even though the olympics take place durham dna, some muslims said they will not fast during the london olympics. yeah. they're not going to do it. after sampling the british food, they said on second thought, fasting sounds good. >> gretchen: it's improved a lot, though. when we were there for the royal wedding, there was great food. >> brian: can you request a right kidney? english food is heavy. it's heavy to lift, heavy to eat. it's heavy in your stomach. >> steve: lot of sauces. >> gretchen: people are upset because you don't know the difference between a moo seuss and -- masseuse and a masseur.

it's common knowledge. why don't you know it. >> steve: that's why massage therapist is a go way to say it. >> brian: have you asked for a masseur? >> steve: massage therapist is the way to go. it's now 27 minutes before the top of the hour. we have just learned there are already plans to file the first lawsuit in the midnight movie massacre. tmz reporting one of the victims plans to sue the theater for allegedly dropping the ball with security. torrence brown, junior, reportedly planning to sue james holmes' doctors for not monitoring holmes properly and warner brother, the movie maker, because people thought holmes was part of the movie. >> brian: holmes facing a judge for the first time and his family now hiring a lawyer. alicia is live in aurora with the latest. a lot happening this morning. >> hi, brian. yes, a lot happening this week. the parents of suspect james holmes are now speaking through this attorney to the media for

one, saying their hearts go out to the victims and their families. they also attempted to clarify a few things. >> nobody from the aurora police department has attempted to contact us for any purpose. so presently there is nobody asking for assistance. at that time there were other authorities here locally who were -- we were talking to. additionally, lisa says that holmes' mother was initially misquoted when this story first broke and that when called by abc news, when she said that they had the right person, she was actually confirming her own identity. not saying she figured her son was the shooter. a gag order has been placed on the case. therefore, officials can no longer comment on specifics. the d.a. said before holmes' advisement hearing, the death penalty is an option, but it could take a couple of months to decide. next monday, holmes will be back in court to hear formal charges against him.

we are hearing more from those inside the theater, including stephanie davies, who the president recently explained in apeech from colorado, states her friend -- saved her friend's life when she was shot in the neck. >> literally in the mouth of hell. we're laying there in the dark with all of this madness just chaos going on and she's telling me self, run, you need to get out of here. and i mean, you never really know how close you are to somebody and how important they are to you until you can test your friendship examine literally say you were both willing to lay down your lives for each other. >> something we found interesting, denver post is reporting this morning that since friday's shooting, gun sales in colorado have gone up 41%. back to you. >> gretchen: thank you so much for all of those updates. now the rest of your headlines. he wanted to leave work early to

see his girlfriend, sew set a nuclear sub on fire? casey james faces life behind bars if convicted of setting fire to the uss miami while it was docked in maine. he also confessed to starting the second fire outside the same sub a few weeks later, causing a total of $400 million in damages. he was working on the sub as a painter and sandblaster. he was taking medication for anxiety and depression. >> brian: new information about a crash in texas that left 14 dead. police now trying to identify the victims, all suspected illegal immigrants. they say the men, women and children from mexico, honduras and guatemala were carrying toothbrush, toothpaste and clothes. no identification. federal immigration agents are now looking into whether this is a case of human smuggling gone wrong. the accident scene is near the site of the nation's deadliest smuggling case where 19 immigrants died after being put in a sweltering trailer. >> steve: former news

international ceo rebecca brooks among eight people charged in britain's phone hacking scandal. they are accused of tapping into people's cell phones. brooks, seen there, denying the charges, saying she never authorized or was aware of any phone hacking. news international is owned by news corps, the parent company of fox news channel. >> gretchen: new jersey woman takes the plunge literally. the 82-year-old hit the gas pedal instead of the brake. i heard about this on the radio. immediately two good samaritans jumped in to rescue her. they worked there. >> everybody is running, come o get out. i said, i have to take my pocketbook. i want to get my registration and i want my cane. forget that. i said no, i'm not forgetting it. >> gretchen: elizabeth moore walked away from the accident with some bumps and a bruised egovernment you know what else? apparently the back window was halfway down and that saved her life because those rescuers were

able to get into the car to help her get out. >> steve: all right. meanwhile, 22 before the top of the hour. it may be a good idea to take a look at your 401(k) plan. new regulations may mean more money coming out of your pocket. >> brian: personal finance expert is here with the top five tips how to protect your investment. all right. >> good morning. >> brian: we have to be able to make the right moves. read your quarterly statements. >> for starters, read the quarterly statements. know what fees you're paying and how you're doing relative to the performance of the funds. a lot of people just throw these statements away. now with all this new regulation, it will be transparent. you'll see it spelled out with your third quarter statement. so open it. >> steve: people don't because they've lost so much money. >> i know. >> steve: you just talked about you got to figure out if you're paying too much. >> over 70% of plan participants don't think they're paying any fees. you are paying fees and they -- >> steve: how do you find it? >> 10, 20, 30% of your balance,

right? what you should do is do like an apples to apples comparison. take a basic index fund, like s & p 500 fund, compare that in your plan versus another plan. if you're paying 75 basis points and someone else will charge you 7, ask your employer why. they're supposed to be more accountable. ask. >> gretchen: so you say check the fund's performance. you were describing that. speak up. so really? so like an employee is going to go -- who are they going to talk to? >> the companies have a fiduciary responsibility to make sure they're providing a plan that is in your best interest and all of the other plan participatants. they're legally accountable that. hauls been the case. now even more so because there is all this regulation. hold them to it. are you happy with the funds they're offering? are you getting enough variety? some of these companies are not diversified enough. they're offering a just basic funds and all invest in the same type of companies. ask them. get them to answer your questions. >> steve: yeah. 'cause it's hard to be making

money in the stock market money. if you're not making money there, now is a good time to take a look. >> take a look. >> steve: thank you very much for stopping by. >> thank you. >> gretchen: coming up next, title 9 was created when only 44% of college students were women. now they're the majority. so why is the obama administration adding on to it? we're going to explore that. >> brian: one of country music world's duo's here to perform their hit "angel eyes." want proof? >> steve: morning guys. ♪ you like whiskey with her water ♪ ♪ she starts dancing when the stars come out ♪ ♪ she ain't your typical preacher's daughter ♪ ♪ there is a little bit of devil in her angel eyes ♪ ♪ she's a little bit of heaven

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>> gretchen: welcome back. the president wants to expand it from sports apparently to academics. the law was created when only 44% of college students were women. now they're the majority. so do women need the extra help with certain careers? joining me now is a senior attorney at competitive enterprise institute. he used to work at the office for civil rights, the agency that administers the title 9 regulation. good morning to you. >> good morning. >> gretchen: so let's talk about what you believe the obama administration wants to do with regard to title ix. we know that applies to sports at schools. girls and boys, equal access. what do you believe they're going to do with regard to degrees? >> they're going to come up with new rules, examine the rules will encourage schools to either engage in affirmative action or

conceivably even impose quotas that may restrict the enrollment of male students in certain math, science or engineering programs. >> gretchen: let's take a look at the gender factor with regard to who earns what degrees. so first let's see what women typically earn more degrees in psychology, agricultural science, biological science, chemistry, social sciences. men engineering, computer science, and physics. so what is your concern? that men will not be accepted into some of those programs on the right to make more room for women? >> if they followed the model of the title ix sports rules, they would have to cap men's participation or they would have to do things which were more costly and impractical because under existing title ix sports rules, a school can have a quota for sports teams or it can do things more impractical and don't work in the long haul, like person wet wally increasing the number of female athletes, or showing it has met every last drop of interest in the

underrepresented gender in intercollegiate sports. colleges use quotas in intercollegiate sports and in allocating opportunities among all male and all female sports teams. i don't think they should do that to math and science because there aren't all male and female classes. there is president obama -- no need to use a quota. you can use gender blind admissions. the current system isn't broken. the fact that there are more women in psychology and biology and more men in physics and computer science is a function of men's and women's different average level interest. there is a mountain of research going back 100 years from many universities showing there are differences in average levels of interest and that men tend to be more interested in inanimate objects and systems like electrical engineering, computer system, and women tend to be more interested in organic subjects like people, plants, animal, biology. >> gretchen: there may be those

gender differences, but there could be an argument that the more women who are exposed to math and science earlier on in their education might actually choose those careers later on as well. i got to wrap it up. thank you so much for your thoughts this morning. >> thank you. >> gretchen: they are one of the country's music's hottest duos. take a listen. >> a little bit of devil in her angel eyes ♪ ♪ she's a little bit of heaven with a wild side ♪ ♪ . >> gretchen: love and theft here to perform their top ten single "angel eyes." first let's check in with hemmer. >> they sound good. good morning to you. we have new polling numbers on who voters blame for a bad economy that could have far reaching implications for the election come november. also why many believe we're headed in reverse when it comes to the economy. we'll explain all that. and $20,000 for drum sticks. your government at work. hope you can join martha examine

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>> brian: they're one of country music's hottest duos. >> gretchen: love and theft, their second album goes on sale. good morning, guys. >> brian: you're pumped up, am i right? >> super. >> brian: what happened to you? you're so rich and famous now? >> steve: taylor swift wrote a song about you called "hey steven"? >> she thought it was nice or something. >> steve: you wound up writing a song about her, didn't you? >> i did. we just love each other probably. >> steve: but "angel eyes," the number you're about to do, you wrote about whom?

>> i wouldn't say it's about anyone in particular. we both wrote from church and it seemed the preacher's kids were usually the craziest. i'm a preacher's kid. >> brian: so you've been together seven years, you met in your 20s and you never fight and never argue and agree on everything? >> very true. >> rarely true. >> brian: get out of here. impossible! >> yeah, it is impossible. but we hang out a lot. we're best friends, so it makes it easier. >> steve: want to make some music? >> love to. >> steve: "angel eyes". ♪ she likes whiskey with her water ♪ ♪ she starts dancing when the stars come out ♪ ♪ she ain't your typical preacher's daughter ♪ ♪ she'll leave you dreaming, yeah, there ain't no doubt ♪

♪ there is a little bit of devil in her angel eyes ♪ ♪ she's a little bit of heaven with a wild side ♪ ♪ got a rebel heart, a country mile wide ♪ ♪ there's a little bit of devil in her angel eyes ♪ ♪ there's a little bit of devil in her angel eyes ♪ ♪ saturday night she's rocking out by the bonfire ♪ ♪ putting from the tailgate and cranking up the dial ♪ ♪ but sunday morning she'll be singing with the choir ♪ ♪ driving me crazy with that kiss me smile ♪ ♪ there's a little bit of devil in those angel eyes ♪ ♪ she's a little bit of heaven with a wild side got a rebel heart a country mile wide ♪

♪ there's a little bit of devil in her angel eyes ♪ ♪ there's a little bit of devil in her angel eyes ♪ ♪ i can't stop wondering what it would feel like to hold her all night ♪ ♪ there is that something, that sexy innocence, she must be heaven sent ♪ ♪ there's a little bit of devil in her angel eyes ♪ ♪ she's a little bit of heaven with a wild side ♪ ♪ got a rebel heart a country mile wide ♪ ♪ there's a little bit of devil in her angel eyes ♪ ♪ there's a little bit of devil in her those angel eyes ♪

♪ she's a little bit of heaven with a wild side ♪ ♪ got a rebel heart a country mile wide ♪ ♪ there's a little bit of devil in her angel eyes ♪ ♪ there's a little bit of devil in her angel eyes ♪ ♪ angel eyes [ cheers and applause ] there is a little bit of devil in those angel eyes ♪ ♪ she's a little bit of heaven with a wild any way you want. fully customize it for your trading process -- from thought to trade, on every screen. and all in real time. which makes it just like having your own trading floor, right at your fingertips.

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so call this toll-free number and let me send you your free video right now. [♪...] >> steve: tomorrow on "fox & friends," senator scott brown of massachusetts joins us live. >> gretchen: also we're going to have miss america 2012. >> brian: and dr. keith ablow who will talk about us and also talk about what's normal and what is nuts. we're really going to